Ordinance Number 1085ORDINANCE NO. 1085
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A REQUEST TO AMEND THE FARM MARKET ZONING
DISTRICT STANDARDS TO EXPAND THE ALLOWABLE USES FOR
PROPERTY LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR
PARCEL NUMBER 121-182-61) (APPLICANT: PHILLIP SCHWARTZE,
THE PRS GROUP)
Whereas, Phillip Schwartze of The PRS Group, has requested approval of
CA 20-005 to add educational uses and recreational uses as permitted by right uses for
property at 32382 Del Obispo Street (APN 121-182-61). The subject property, generally
located on the east side of Del Obispo Street and north of Camino Del Avion, has a
General Plan Land Use Designation of Agri -Business and a Zoning Designation of Farm
Market (FM) district; and,
Whereas, Vermeulen Ranch, LLC are owners of real property located at
32382 Del Obispo Street (APN 121-182-61); and,
Whereas, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
1Whereas, the City's Environmental Administrator has determined that the
project is categorically exempt from further review per State CEQA Guidelines (Cal. Code
Regs., § 15000 et seq.). The whole of the Project is exempt, because the code
amendment is an administrative activity which will not result in a direct or reasonably
foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of
the Project is exempt because the code amendment is not a "project" as defined by
section 15378, since it has no potential for resulting in a direct or indirect physical change
to the environment (§ 15060(c)(3). A Notice of Exemption (NOE) will be filed with the
County Recorder's Office within 5 days should the project receive final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly -noticed public
hearing on March 9, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and has considered all relevant public
comments and all documents and evidence submitted, including but not limited to the
staff report and attachments, and materials submitted by the applicant; and,
Whereas, the Planning Commission recommends that the City Council
' approve of Code Amendment (CA) 20-005 with recreation uses, without outdoor facilities,
limited to exercise/fitness studios and other similar uses not exceeding 3,000 square feet
in floor area.
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Whereas, on April 6, 2021, the City Council held a duly noticed public
hearing to consider the provisions of this Ordinance and following receipt of all written '
and oral public comments, the City Council closed the public hearing, considered the
evidence presented, and deliberated.
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds
and determines that all of the above Recitals are true and correct and incorporates
such Recitals into this Ordinance as if fully set forth herein.
SECTION 2. CEQA.
This project has been reviewed in accordance with the California Environmental
Quality Act (CEQA). The City's Environmental Administrator has determined that the
project is categorically exempt from further review per State CEQA Guidelines (Cal. Code
Regs., § 15000et seq.). The whole of the Project is exempt, because the code
amendment is an administrative activity which will not result in a direct or reasonably
foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of
the Project is exempt because the code amendment is not a "project" as defined by
section 15378, since it has no potential for resulting in a direct or indirect physical change
to the environment (§ 15060(c)(3). A Notice of Exemption (NOE) will be filed with the ,
County Recorder's Office within 5 days should the project receive final approval.
SECTION 3. Code Amendment 20-005
The proposed Land Use Code amendment conforms with General Plan Land
Use Goal 1, Develop a balanced land use pattern to ensure that revenue
generation matches the City's responsibility for provision and maintenance of
public services and facilities, and Land Use Goal 6, Enhance or redevelop
underperforming commercial centers, because the amendment will diversify
the land use composition, enhance the performance of The Vermeulen Ranch
center by adding uses that are compatible with the existing land uses,
generate sales tax revenue by increasing the ability of the center to attract
new users through the expanded uses, and ensure each proposed use
remains compatible with the existing and future land uses and character of
the City, as well as ensure adequate public facilities and services.
2. The amendment is necessary to implement the General Plan and to provide
public convenience because the expansion of the allowable uses would
implement General Plan Land Use Goal 1, Develop a balanced land use
pattern to ensure that revenue generation matches the City's responsibility
for provision and maintenance of public services and facilities, and Land Use
Goal 6, Enhance or redevelop underperforming commercial centers, and '
would provide for public convenience by increasing the ability of the
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Vermeulen Ranch Center to attract new users that could provide a
convenience to the public while remaining compatible with the surrounding
uses.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code because one of the stated purposes of Farm Market (FM)
district is to provide retail facilities which are oriented to and supportive of the
agricultural operation of which they are geographically a part. The expansion
of allowable uses would allow the Vermeulen Ranch center to attract new
businesses similar to those currently allowed within the FM zoning district.
4. The proposed Land Use Code amendment is reasonable and beneficial at
this time because it encourages orderly development. Furthermore, the
proposed expansion of uses is reasonable in that they conform to the General
Plan and are compatible with the purpose and intent of the FM zoning district.
SECTION 4. Amendment of the Farm Market Zoning District
The proposed amendment to the Farm Market Zoning District standards through
Code Amendment 20-005, and bearing the file number as follows: Code Amendment 20-
005, is hereby approved, and hereby adopted by the City Council and incorporated as
part of the Farm Market Zoning District, provided in this Ordinance as Exhibit A.
' SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
City Council of the City of San Juan Capistrano hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Dispatch; a newspaper of general
circulation that is printed, published, and circulated in the City of San Juan Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
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SECTION 8. Location and Custodian of Records.
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The documents and materials that constitute the record of proceedings on which
this Ordinance is based are located at the City Clerk's office located at 32400 Paseo
Adelanto, San Juan Capistrano, California 92775. The custodian of these records is the I City Clerk.
SECTION 9. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days
after adoption, the City Clerk shall cause to be published the aforementioned summary
and shall post a certified copy of this Ordinance, together with the vote for and against
the same, in the Office of the City Clerk.
PASSED AND ADOPTED this 20th day of April 2021.
Cf
JOHN TAYLOR, MAYOR
1
STATE OF CALIFORNIA )
' COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1085 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 61h day of April 2021 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 20"' day of April 2021 by the following
vote, to wit:
i�
AYES:
NOES
ABSENT:
MARIA
COUNCIL MEMBERS: Bourne, Farias, Hart, Reeve and Mayor Taylor
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 6'' day of April 2021, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING
A REQUEST TO AMEND THE FARM MARKET ZONING 91STRICT STANDARDS
TO EXPAND THE ALLOWABLE USES FOR PROPERTY CATED AT 32382 DEL
OBISPO STREET (ASSESSOR PARCEL NUMBER1 1-y>�2/61) (APPLICANT:
PHILLIP SCHWARTZE, THE PRS GROUP) 1 A
This document was posted in the Office of the City Clerk
MARIA MORRIS, CITY CLER
San Juan Capistrano, California`
0A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 2151 day of April 2021, 1 caused to be posted a certified copy of Ordinance No.
1085, adopted by the City Council on April 20, 2021, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A REQUEST TO AMEND THE FARM MARKET ZONING DISTRICT
STANDARDS TO EXPAND THE ALLOV*BLE USES FOR PROPERTY
LOCATED AT 32382 DEL OBISPO STREETI(ASSESSOR PARCEL NUMBER
121-182-61) (APPLICANT: PHILLIP SCHWARTZE, TqE PRS GF�OUP)
This document was posted in the Office of the
San Juan
istrano,
L